Ordinance establishing adult-oriented business district in South Troy fails

TROY -- The City Council voted down an ordinance on Thursday which would have established a zoned district for adult oriented businesses, essentially giving adult entertainment businesses more freedom in picking a location to open up within the city.

In a 4-5 vote, the council struck down the proposed district, zoned for 70 acres along the waterfront in South Troy, after hearing mass public outcry against the ordinance. Several residents spoke against the ordinance, not only claiming it would create a seedy element in an area where they would like to see more recreational development, but that it also would have a negative effect on an area moving toward becoming more vibrant.

"I don't think people appreciate enough how residential South Troy is," said resident Thomas Carroll. "We have a golden opportunity to develop the waterfront."

Other residents were concerned if the city just designated one area for adult oriented businesses it would make an undesirable situation worse. Resident Abby Lublin suggested allowing them be allowed to open anywhere commercial businesses are zoned.

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"If it is going to be lifted, I believe businesses should be permitted anywhere where there are commercially zoned businesses," Lublin said. "Marginalizing businesses creates marginalized behavior."

Council members echoed those concerns, but also questioned City Corporation Counsel Ian Silverman, asking why the zoned district couldn't be where some stores currently are, which is underneath the Hoosick Street Bridge. Silverman said the zone would be too small and would be struck down in court, adding restrictive zoning must make up at least five percent of the city land to not appear overly burdensome.

"The city of Troy is a very dense city with not a lot of open area," Silverman said. "There was a really open area and that was the best fit."

Since the ordinance was struck down, there are now very few restrictions on adult oriented businesses, such as where they can be located since a moratorium which had been placed on them for the past six years had expired in March. Councilman Ken Zalewski, D-District 5, suggested voting down the ordinance and going back to the drawing board with hopes of creating several smaller districts throughout the city.

"Our goal still should be looking toward revitalizing the waterfront and adding green space and filling it with good, clean businesses," Zalewski said.

Silverman said the city could establish several different areas with restricted zoning for these businesses as long as it totals to the five percent required. He did add, though, any if any adult oriented businesses do open between now and when such zones are established they must be grandfathered in, similar to the city's currently existing adult entertainment shops.

When Kopka voted for the legislation, she told the audience she was doing so because she didn't want to keep the district to the proposed designated area instead of allowing sexually oriented businesses to pop up in various areas of the city.

"It's not asking businesses to come here," Kopka said of the legislation, "it's just designating an area where these businesses are allowed to go."

Mayor Lou Rosamilia said even though the city had come to his administration asking them to do away with a moratorium and establish an adult oriented business district, it being voted down was just simply how the process works. Rosamilia did, say, though, it is an issue that needs to be addressed soon.

"We need to deal with it now," Rosamilia said. "It is definitely a priority."

There were other suggestions by residents as to why the city couldn't just ban these types of businesses or continue with the moratorium. Silverman said doing so would be violating the First Amendment rights of adult oriented businesses.

"A moratorium is patently unconstitutional," Silverman said. "The case law on it is crystal clear; you cannot do it."

Rosamilia said he heard the concerns of the city and said he will be sitting down with members of the City Council, Planning and Economic Development Commissioner Bill Dunne and Silverman to figure out where to go next.